Country profile TJK
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2014 | C138 & C182 | Government Decree No. 169 (2014) | [{"link_name":"-Government Decree No. 169 (2014)","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4367761"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4056968,103547"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Tajikistan has adopted Government Decree No. 169 of 2014, which sets out the list of hazardous types of work prohibited for children under 18 years of age. According to the CEACR, this list is an official national instrument aligned with the requirements of C182 and C138. The National Plan for Combating Trafficking in Persons (2022–2024) includes provisions for the periodic review and update of this list, as well as the development of methodological guidance to support implementation |
| Minimum age for hazardous work | 2014 | C138 & C182 | Government Decree No. 169 (2014) | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4367761"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | The minimum age for hazardous work in Tajikistan is set at 18 years under Government Decree No. 169 of 2014, which establishes a national list of hazardous types of work prohibited for persons under 18. This Decree serves as the key instrument ensuring compliance with C138 and C182 regarding hazardous work. While the Labour Code does not explicitly codify this age threshold, the Decree applies nationwide and is enforced through inspections and monitoring measures included in the National Plan for Combating Trafficking in Persons (2022–2024). |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1998 | C182 | Criminal Code - Articles 23, 200 and 201 | [{"link_name":"Criminal Code","source_link":"https://bwcimplementation.org/sites/default/files/resource/TJ_Criminal%20Code%20of%20Rep%20of%20Tajikistan_EN.pdf"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | While the Criminal Code criminalises drug production, trafficking, and related offences under Articles 200 and 201, and establishes criminal liability for minors aged 14 and above under Article 23, it does not include a specific prohibition on the use, procuring, or offering of children by adults for these illicit purposes. This presents a legislative gap in fully meeting the requirements of Convention No. 182, which obliges states to criminalise the involvement of adults in recruiting children for such activities. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1998 | C182 | Criminal Code - Articles 130(1), 241 | [{"link_name":"Criminal Code","source_link":"https://bwcimplementation.org/sites/default/files/resource/TJ_Criminal%20Code%20of%20Rep%20of%20Tajikistan_EN.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Tajikistan criminalises the trafficking of persons, including children, for purposes of exploitation under Article 130(1) of the Criminal Code, which includes sexual exploitation and applies regardless of the victim's consent. This article covers procurement and transfer for exploitation, including prostitution. In addition, Article 241 of the Criminal Code explicitly prohibits the illegal production, dissemination, advertising, and sale of pornographic materials, including those involving children. Although the term "child pornography" is not explicitly used, the legal framework sufficiently prohibits the involvement of minors under 18 in pornography and prostitution through broader anti-trafficking and morality laws. These measures meet the requirements of Convention No. 182. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2002 | C182 | Law on General Conscription and Military Service | [{"link_name":"Law on General Conscription and Military Service","source_link":"https://mmk.tj/content/%D2%9B%D0%BE%D0%BD%D1%83%D0%BD%D0%B8-%D2%B7%D1%83%D0%BC%D2%B3%D1%83%D1%80%D0%B8%D0%B8-%D1%82%D0%BE%D2%B7%D0%B8%D0%BA%D0%B8%D1%81%D1%82%D0%BE%D0%BD-%D0%B4%D0%B0%D1%80-%D0%B1%D0%BE%D1%80%D0%B0%D0%B8-%D1%83%D2%B3%D0%B4%D0%B0%D0%B4%D0%BE%D1%80%D0%B8%D0%B8-%D2%B3%D0%B0%D1%80%D0%B1%D3%A3-%D0%B2%D0%B0-%D1%85%D0%B8%D0%B7%D0%BC%D0%B0%D1%82%D0%B8-%D2%B3%D0%B0%D1%80%D0%B1%D3%A3"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Tajikistan’s military legislation sets the minimum age for compulsory service at 18 years, and permits men aged 18–27 to enlist or be conscripted. The country ratified the Optional Protocol in 2002 with an explicit declaration that voluntary recruitment of under-18s is prohibited. Furthermore, UN CRC observations confirm that all forms of recruitment of children under 18 into armed forces, both compulsory and voluntary, are criminalised. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1998 ; 2014 | C182 | Criminal Code - Articles 130.1, 167 ; Law on Counteracting Trafficking in Persons | [{"link_name":"-Criminal Code","source_link":"https://bwcimplementation.org/sites/default/files/resource/TJ_Criminal%20Code%20of%20Rep%20of%20Tajikistan_EN.pdf"},{"link_name":"-Law on Counteracting Trafficking in Persons","source_link":"https://mmk.tj/content/%D2%9B%D0%BE%D0%BD%D1%83%D0%BD%D0%B8-%D2%B7%D1%83%D0%BC%D2%B3%D1%83%D1%80%D0%B8%D0%B8-%D1%82%D0%BE%D2%B7%D0%B8%D0%BA%D0%B8%D1%81%D1%82%D0%BE%D0%BD-%D0%B4%D0%B0%D1%80-%D0%B1%D0%BE%D1%80%D0%B0%D0%B8-%D0%BC%D1%83%D2%9B%D0%BE%D0%B2%D0%B8%D0%BC%D0%B0%D1%82-%D0%B1%D0%B0-%D1%81%D0%B0%D0%B2%D0%B4%D0%BE%D0%B8-%D0%BE%D0%B4%D0%B0%D0%BC%D0%BE%D0%BD-%D0%B2%D0%B0-%D1%80%D0%B0%D1%81%D0%BE%D0%BD%D0%B8%D0%B4%D0%B0%D0%BD%D0%B8-%D0%BA%D1%83%D0%BC%D0%B0%D0%BA-%D0%B1%D0%B0"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Tajikistan’s Criminal Code explicitly prohibits the sale and trafficking of children, including for sexual and labour exploitation. Article 130.1 criminalizes trafficking in persons, covering both forced labour and sexual exploitation, with penalties ranging from 5 to 15 years’ imprisonment. Article 167 further outlaws the sale and purchase of children, prescribing sentences between 5 and 12 years’ imprisonment. Additionally, a dedicated Law on Counteracting Trafficking in Persons (2003) reinforces measures against child trafficking and provides frameworks for victim protection and support. |
| Minimum age for admission to apprenticeship | 2016 | C138 | Labour Code - Article 174 | [{"link_name":"Labour Code","source_link":"https://www.icnl.org/wp-content/uploads/Tajikistan_labor_eng.pdf"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | The Labour Code of Tajikistan does not explicitly define a minimum age for admission to apprenticeship, nor does it establish a detailed framework for apprenticeship programmes as required by Convention No. 138. While Article 174 permits light work from age 14 under certain conditions (e.g. educational or preparatory work with parental consent), there is no formal linkage to structured vocational or apprenticeship programmes approved by competent authorities. In practice, apprenticeships in Tajikistan are generally targeted at individuals who have completed secondary education and are at least 15 or older, but this is not clearly regulated in law. As such, the Convention’s requirement for defined conditions and minimum age for apprenticeship is not fully met. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2016 | C138 | Labour Code | [{"link_name":"-Labour Code","source_link":"https://www.icnl.org/wp-content/uploads/Tajikistan_labor_eng.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4366376,103547"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | The Labour Code allows employment from the age of 15. However, the age for completion of compulsory schooling in Tajikistan is 17, as general education now includes both lower and upper secondary levels. This means the minimum legal age for employment (15) is below the age of completion of compulsory education, contrary to Article 2(3) of Convention No. 138. The CEACR has repeatedly urged the Government to amend its Labour Code to align with its declared minimum age of 16 at ratification and ensure consistency with the compulsory education age. |
| Light work - Determination of types and conditions of activities | 2016 | C138 | Labour Code - Article 67 | [{"link_name":"Labour Code","source_link":"https://www.icnl.org/wp-content/uploads/Tajikistan_labor_eng.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Although Article 67 of the Labour Code of Tajikistan sets reduced working hours for children aged 14 to 16 (particularly those combining school and work), there is no provision in the law that defines what types of activities qualify as light work or explicitly sets out the conditions and categories of acceptable light work. Therefore, while reduced hours are regulated, the types and nature of light work have not been determined. |
| Minimum age for light work | 2016 | C138 | Labour Code | [{"link_name":"Labour Code","source_link":"https://www.icnl.org/wp-content/uploads/Tajikistan_labor_eng.pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The Labour Code permits persons aged 14–15 to undertake light work, with restricted durations (max 24 hrs/week) to ensure it does not affect schooling or pose a risk to health. While the law does not explicitly use the term "light work," this provision effectively regulates work that does not interfere with schooling and is of limited duration - meeting the criteria set out in Article 7 of Convention No. 138 for light work. |
| Minimum age for admission to work | 2016 | C138 | Labour Code - Article 174 | [{"link_name":"-Labour Code","source_link":"https://www.icnl.org/wp-content/uploads/Tajikistan_labor_eng.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4366376,103547"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 174 of the Labour Code sets the minimum age for employment at 15 years. However, at the time of ratification of C138, the Government declared 16 as the national minimum age. The CEACR has repeatedly requested the Government to align national legislation with its international commitment under Article 2(1) of the Convention. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 26-NOV-1993 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 08-JUN-2005 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In summary, the National Action Plan of the Republic of Tajikistan for 2022-2024 is structured into five key sections. Measures to prevent trafficking in persons focus on public awareness campaigns, educational programs, and training for vulnerable groups such as minors and labor migrants. Measures to protect and assist victims of trafficking include providing legal, medical, and psychological support, as well as rehabilitation and reintegration services. Measures to prosecute trafficking aim to strengthen law enforcement and judicial processes, enhance border controls, and ensure effective prosecution of traffickers. Measures to counteract trafficking in children focus on protecting minors through stricter legislation, preventing child labor, and improving social services. Social partnership in combating trafficking emphasizes collaboration between government agencies, international organizations, and NGOs to coordinate efforts and provide comprehensive support in the fight against human trafficking. | [{"link_name":"National Plan for Combating Trafficking in Persons","source_link":"https://www.mvd.tj/880-postanovlenie-pravitelstva-respubliki-tadzhikistan-o-nacionalnom-plane-protivodejstvija-torgole-ljudmi-v-respublike-tadzhikistan-na-2022-2024-gody.html"}] | 2022-2024 | National Plan for Combating Trafficking in Persons | Government of Tajikistan |